3PART IV

DISCRIMINATION AND HARASSMENT POLICIES

IV.1 ANTI-RACISM AND ETHNOCULTURAL RELATIONS POLICY

Preamble

This Policy supports Carleton University’s commitment to sections 15 and 28 of theCanadian Charter of Rights and Freedoms, sections 1, 5 and 11 of the Ontario Human
Rights Code, and the University’s Statement on Conduct and Human Rights.

Principles

1. Carleton University affirms the racial and ethnocultural diversity of its faculty, staff, and
students as a source of human excellence, cultural enrichment and social strength. The
University is committed to fostering this diversity. The University recognizes that a
harmonious racial and ethnocultural climate is essential to the academic, professional and
personal development of its members.

2. The University acknowledges its ongoing responsibility to develop and support a
responsive and open environment that is ethnoculturally and racially sensitive; to promote
anti-racism; and to create a study, work and living environment that is free of racial
discrimination and harassment. Racist behaviour denigrates its victims, brings dishonour to
the perpetrator, disrupts the academic community as a whole, and diminishes the stature of
the University.

3. The University recognizes that racialized and ethnocultural groups can encounter barriers
to full participation in education and employment on the basis of race and ethnicity. The
University is committed to eliminating such barriers by providing equal opportunity and
equitable treatment for faculty, staff, students and associated professionals of all races and
ethnocultural origins.

Policy

4. Every member of the Carleton University community has the right to study, work and live
in a safe environment free of racial discrimination and harassment.

5. The University abhors racism or any manifestations of racial intolerance or discrimination
and does not tolerate or condone racism or negative racial stereotyping between racialized
and non-racialized groups or between racialized groups. The University is committed to
preventing such behaviours and practices and promoting an anti-racist culture through
ensuring that racial diversity is taken into account in decision making; addressing policies
and practices that, while not intentionally discriminatory, have a discriminatory effect; and
educating and informing all members of the University community on issues associated with
race and ethnocultural relations, racism and racial harassment.

6. The University prohibits discrimination and harassment, including conduct on the basis
of race, creed, ancestry, place of origin, colour, ethnic origin and citizenship that:

6.1 Is abusive, demeaning or threatening, including behaviour such as name calling;
derogatory remarks, gestures and physical attacks; or display of derogatory or belittling
pictures and graffiti; or
6.2 Biases administrative and appointment decisions, employment and workplace
practices, tenure, promotion, appointment, leave, and salary determinations; or
6.3 Biases academic decisions such as admission, grading, the application of regulations
and requirements and scheduling of academic activities; or
6.4 Misuses power, authority or influence; or
6.5 Discriminates in the provision of goods and services or access to premises,
accommodation and other facilities.

Implementation

7. The Office of Equity Services is responsible for the effective implementation of this
policy. Equity Advisors, have a broad mandate to monitor and provide information,
education, training and advice on all aspects of this policy. The Equity Advisor(s)
maintain an impartial stance in addressing complaints of racial discrimination and
harassment. The expertise and experience of members of the Equity Services unit is
available to all persons who are involved with a complaint under the University’s Human
Rights Policies and Procedures.

Problem Solving

10. A person who believes they have been discriminated against on the basis of race or
racially harassed may initiate a request for action or complaint through the Human Rights
Conflict Resolution and Complaint Procedure. Discrimination and harassment can occur
on the basis of one or more intersecting human rights grounds.

Definitions

Race
The term “race” is used in the manner in which it is used in the Ontario Human Rights
Code. For the purposes of this Policy, “race” should be read to include race, ancestry, place
of origin, colour, ethnic origin, and citizenship.

Ethnocultural Group
An ethnocultural group is a human population that sees itself, or is seen by others, as
distinctive in its way of life or ethnic origin.

Racism
Racism is more than personal prejudice; it involves carrying into effect one’s prejudices,
resulting in discrimination, inequity and/or exclusion. Racism is understood as the negative
valuing and discriminatory treatment of individuals and groups on the basis of their race.
Racism can be manifested in both personal attacks and insults and in the structure of social
institutions. It can be expressed in the behaviour of individual members of the University
community and in the policies, procedures and practices of the University. There is a
distinction between personal racism (insults, harassment and discrimination directed at
individuals) and institutional or systemic racism (the conventional practices or structures of
institutions that have the effect of excluding, or discriminating against, individuals or
groups). Racism can be present in hostile acts, as well as in apparently neutral
arrangements. It can be the result of activities or arrangements that set out to discriminate or
harm, or it can result from ignorance or inadvertence. Thus, racism can be intentional or
unintentional; it may be detected by its effects.

Anti-Racism
Anti-racism refers to actions and discourses that contribute to the elimination of racism in all
its forms.

Racial Harassment
Racial harassment is harassment directed at a person or group on the basis of race. It
includes physical assault or interference; inappropriate display or transmission of material
or graffiti that is racist, ethnic or religious in a demeaning manner; as well as racist jokes,
anecdotes, slurs (including racially derogatory nicknames) or comments—insulting,
demeaning or derogatory toward a person because of race—that are obviously offensive
or continue after the speaker is informed that the comments are unwelcome and/or have
caused offense.

IV.2 GENDER EQUALITY POLICY

Preamble

This Policy supports Carleton University’s commitment to sections 15 and 28 of theCanadian Charter of Rights and Freedoms, sections 1, 5 and 11 of the Ontario HumanRights Code, and the University’s Statement on Conduct and Human Rights.

Statement of Principles

1. Carleton University affirms the sex and gender equality of all individuals in the
University community. Gender equality among faculty, students, staff and associated
professionals is a source of human excellence, cultural enrichment and social strength.
The University recognizes that a harmonious climate in relation to gender is essential to the
academic, professional and personal development of its members.

2. The University acknowledges its ongoing responsibility to develop and support a
responsive and open environment that is gender inclusive and responsive; to promote antisexism;
and to create a study, work and living environment that is free of discrimination and
harassment on the basis of sex, gender or gender identity.

3. As noted in the 1995 Federal Plan for Gender Equality, “attaining sex equality
demands a recognition that current social, economic, cultural and political systems are
gendered; that women’s unequal status is systemic; that this pattern is further affected by
race, ethnicity and disability; and that it is necessary to incorporate women’s specificity,
priorities and values into all major social institutions.” Carleton University is committed
to the objective of ensuring sex and gender equality in the University community and
eliminating sex and gender discrimination and gender harassment. Recognizing the
systemic discrimination to which women have been subjected in the past, the University
is committed to improving the status of women in the University to achieve sex and
gender equality.

Policy

4. Every member of the Carleton University community has the right to study, work and live
in an environment free of discrimination or harassment on the basis of sex, gender, or
gender identity.

5. The University does not tolerate or condone sexism or negative gender stereotyping and is
committed to achieving the prevention of such behaviours and practices and promoting an
anti-sexist culture through ensuring that women are included in decision-making positions;
addressing policies and practices that, while not intentionally discriminatory, have a
discriminatory effect; and educating and informing all members of the University
community on issues associated with sex, gender and gender identity.

6. The University prohibits discrimination and harassment, including conduct on the basis of
sex, gender or gender identity that:

6.1 Is abusive, demeaning or threatening, including behaviour such as name calling;
derogatory remarks, gestures and physical attacks; or display of derogatory or belittling
pictures and graffiti; or
6.2 Biases administrative and appointment decisions, employment and workplace
practices, tenure, promotion, appointment, leave and salary determinations; or
6.3 Biases academic decisions such as admission, grading, the application of regulations
and requirements and scheduling of academic activities; or
6.4 Misuses power, authority or influence; or
6.5 Discriminates in the provision of goods and services, or access to premises,
accommodation and other facilities.

Implementation

7. The Office of Equity Services is responsible for the effective implementation of this
policy. Equity Advisors have a broad mandate to monitor and provide information,
education, training and advice on all aspects of this policy. The Office does not advocate
for any individual or group and maintains an impartial stance in addressing complaints of
sexual discrimination and gender harassment. The expertise and experience of members
of Equity Services are available to all persons who are involved with a complaint under
the University’s Human Rights Policies and Procedures.

Problem Solving

10. A person who believes they have been discriminated against on the basis of sex, gender
or gender identity, or harassed on this basis, may initiate a request for action or complaint
through the Human Rights Conflict Resolution and Complaint Procedure. Discrimination
and harassment can occur on the basis of one or more intersecting human rights grounds.

Definitions

Gender / Sex
According to Fowler (3rd Edition), the term gender has come into more frequent usage
“with the intention of ‘emphasizing the social and cultural, as opposed to the biological,
distinctions between the sexes’ (OED, 2).” The draft 1995 Commonwealth Plan for
Action on Gender and Development (Commonwealth Secretariat) commented “‘gender’…
is used sometimes indiscriminately to describe different things at different times.
Sometimes it means ‘women’, sometimes ‘sex’ and sometimes more precisely ‘gender’…
Gender refers not to men and women, but to the relationship between them and to the
ways in which the roles of women and men, girls and boys, are socially constructed…”
(as quoted in the Federal Plan for Gender Equality (1995). This policy freely shifts
between the terms meaning to address both discrimination and harassment based on
biological distinctions and that based on socially or constructed distinctions or roles as
they affect the two sexes.

Gender Harassment
Not all harassment is sexual harassment. An individual can be harassed because she is a
woman or because he or she transgresses gender roles, and so forth. The concept of
“gender harassment” is meant to permit redress where a person is harassed on the basis of
his or her gender but the conduct is not sexual or does not take place in a sexual context.
Gender harassment would include physical assault or interference; inappropriate display
or transmission of gender-degrading material or graffiti; as well as sexist jokes,
anecdotes, slurs (including gender-derogatory nicknames) or comments—insulting,
demeaning or derogatory toward a person because of gender—that are obviously
offensive or continue after the speaker is informed that the comments are unwelcome
and/or have caused offense.

Sexism
Sexism is more than personal prejudice; it involves carrying into effect one’s prejudices,
resulting in discrimination, inequity and/or exclusion. Sexism is understood as the negative
valuing and discriminatory treatment of individuals and groups on the basis of their sex.
Sexism can be manifested in both personal attacks and insults and in the structure of social
institutions. It can be expressed in the behaviour of individual members of the University
community and in the policies, procedures and practices of the University. There is a
distinction between personal sexism (insults, harassment and discrimination directed at
individuals) and institutional or systemic sexism (the conventional practices or structures of
institutions that have the effect of excluding or discriminating against individuals or groups).
Sexism can be present in hostile acts, as well as in apparently neutral arrangements. It can be
the result of activities or arrangements that set out to discriminate or harm, or it can result
from ignorance or inadvertence. Thus, sexism can be intentional or unintentional; it may be
detected by its effects.

Gender Identity
Gender identity is the deeply felt knowledge of an individual that they are male or
female; in transgendered persons, the gender identity and the anatomic sex may not be in
alignment. Sexual orientation is not an indicator of gender identity. It is the expression of
gender identity that results in discrimination because that expression is perceived as
conflicting with the expectations placed upon the individual solely because of the form of
his or her body, particularly its sexual characteristics. (Adapted from Findings and
Recommendations of the San Francisco Human Rights Commission [1994], included as
Appendix C in Finding Our Place, High Risk Society Project [Vancouver 1996].)

IV.3 SEXUAL ORIENTATION EQUALITY POLICY

Preamble

This Policy supports Carleton University’s commitment to sections 15 and 28 of the
Canadian Charter of Rights and Freedoms, sections 1, 5 and 11 of the Ontario Human
Rights Code, and the University Statement on Conduct and Human Rights.

Statement of Principles

1. Carleton University respects the dignity of all individuals and strives to enhance their
ability to fully participate in education and employment at the University regardless of
their sexual orientation. Equality and the recognition of diversity on the basis of sexual
orientation among faculty, students, staff and associated professionals are sources of
human excellence, cultural enrichment and social strength. The University recognizes that
a harmonious climate in relation to sexual orientation is essential to the academic,
professional and personal development of all of its members.

2. The University recognizes that lesbians, gay men, and bisexuals have suffered
discrimination and harassment (including social, political, legal and economic
disadvantage and exclusion; and violence, stigma, denigration and intolerance) within a
society whose institutions, rituals and systems of support and recognition have given
primacy to majority heterosexual sexual orientation. An environment that accepts and
supports the equal value and equality of lesbians, gay men and bisexuals challenges and
helps to eliminate such discrimination and harassment as impediments to accessible
education and full participation in employment.

Policy

3. Every member of the Carleton University community has the right to study, work and live
in an environment free of discrimination or harassment on the basis of sexual orientation.

4. The University endeavours to provide a responsive and open environment that is safe
for, and inclusive of, lesbian, gay and bisexual members of the University community.
The University does not tolerate or condone heterosexism or negative stereotyping on the
basis of sexual orientation. The University is committed to achieving the prevention of such
behaviours and practices through addressing policies and practices that, while not
intentionally discriminatory, have a discriminatory effect; and educating and informing all
members of the University community on issues associated with sexual orientation.

5. The University prohibits discrimination and harassment, including conduct on the basis of
sexual orientation or perceived sexual orientation that:

5.1 Is abusive, demeaning or threatening, including behaviour such as name calling;
derogatory remarks, gestures and physical attacks; or display of derogatory or belittling
pictures and graffiti; or
34
5.2 Biases administrative and appointment decisions, employment and workplace
practices, tenure, promotion, appointment, leave and salary determinations; or
5.3 Biases academic decisions such as admission, grading, the application of regulations
and requirements and scheduling of academic activities; or
5.4 Misuses power, authority or influence; or
5.5 Discriminates in the provision of goods and services, or access to premises,
accommodation and other facilities.

6. The University includes same-sex relationships within the meaning of spousal and family
relationships in interpreting and applying all policies within its jurisdiction.

Implementation

8. The Office of Equity Services is responsible for the effective implementation of this
policy. It maintains expertise on issues related to sexual orientation. The Office is able to
provide service directed to monitoring and providing information, education, training and
advice on all aspects of this policy. The Office does not advocate for any individual or
group and maintains an impartial stance in addressing complaints of discrimination and
harassment on the basis of sexual orientation. The expertise and experience of members
of the Equity Services unit are available to all persons who are involved with a complaint
under the University’s Human Rights Policies and Procedures.

9. Pending implementation of a human rights audit process, the Office of Equity Services
reports to the University Community on an annual basis on issues related to sexual
orientation and, once every five years, conducts a major review of the status of progress
towards attaining a responsive and open environment that is safe for and inclusive of
lesbian, gay and bisexual members of the University community.

Problem Solving

10. A person who believes they have been discriminated against or harassed on the basis of
sexual orientation or perceived sexual orientation may initiate a request for action or
complaint through the Human Rights Conflict Resolution and Complaint Procedure.
Discrimination and harassment can occur on the basis of one or more intersecting human
rights grounds.

Definitions

Sexual Orientation
Sexual orientation is an important aspect of an individual’s psychological, sexual and
relational identity. A shared social and cultural identity as gay, lesbian, bisexual or
heterosexual, of which sexual expression is but a part, underlies sexual orientation in our
society. Sexual orientation functions in a way similar to religion or ethnicity in
organizing people’s social and emotional lives and their self-definition. Sexual
orientation is not defined by sexual practices.

Harassment on the Basis of Sexual Orientation
The concept of “gender harassment” is meant to permit redress where a person is
harassed on the basis of his or her sexual orientation but the conduct is not sexual or does
not take place in a sexual context. Harassment on the basis of sexual orientation would
include physical assault or interference; inappropriate display or transmission of
degrading material or graffiti directed against gays, lesbians or bisexuals; as well as antigay
jokes, anecdotes, slurs (including derogatory nicknames) or comments—insulting,
demeaning or derogatory toward a person because of sexual orientation—that are
obviously offensive or continue after the speaker is informed that the comments are
unwelcome and/or have caused offense.

Heterosexism
Heterosexism is more than personal prejudice; it involves carrying into effect one’s
prejudices, resulting in discrimination, inequity and/or exclusion. Heterosexism is
understood as the negative valuing and discriminatory treatment of individuals and groups
on the basis of their actual or perceived sexual orientation as lesbians, gay men or bisexuals.
Heterosexism can be manifested in both personal attacks and insults and in the structure of
social institutions. It can be expressed in the behaviour of individual members of the
University community and in the policies, procedures and practices of the University. There
is a distinction between personal heterosexism (insults, harassment and discrimination
directed at individuals) and institutional or systemic heterosexism (the conventional
practices or structures of institutions that have the effect of excluding or discriminating
against individuals or groups). Heterosexism can be present in hostile acts, as well as in
apparently neutral arrangements. It can be the result of activities or arrangements that set out
to discriminate or harm, or it can result from ignorance or inadvertence. Thus, heterosexism
can be intentional or unintentional; it may be detected by its effects.

Homophobia
Homophobia refers to the expression of fear, hatred or dislike, including practices of
prejudice, discrimination, harassment and violence (including gay bashing), based on
heterosexism.

IV.4 SEXUAL HARASSMENT PREVENTION POLICY

Preamble

This Policy supports Carleton University’s commitment to sections 15 and 28 of theCanadian Charter of Rights and Freedoms, section 7 of the Ontario Human Rights Code,
and the University’s Statement on Conduct and Human Rights.

Principles

1. In Canada, sexual harassment is recognized in both federal and provincial human
rights legislation as a form of discrimination. Some forms of sexual harassment (e.g.,
sexual assault) are also criminal offences. Sexual harassment violates personal integrity,
the dignity of individuals and groups, and fundamental rights.

2. Carleton University is committed to maintaining a study, work and living environment
that is free from sexual harassment and inappropriate sexual conduct.

3. This Policy is not intended to interfere with ordinary social or personal relationships
among members of the University community or impinge upon normal expectations of
privacy. Consensual relationships are not examples of sexual harassment but disclosure
may be required as specified below.

Sexual Harassment

4. Carleton University prohibits sexual harassment by any member of the University
community in any circumstance over which the University has jurisdiction.

5. Sexual harassment can occur between individuals of the same or different status, and
both men and women can be the subject of harassment by members of either gender.
Sexual harassment generally involves engaging in a course of conduct but it can also
occur during one incident.

6. Sexual harassment occurs when an individual engages in sexually harassing behaviour
or inappropriate conduct of a sexual nature that is known, or ought reasonably be known,
to be unwelcome, and that:

6.1 Interferes with the academic or employment performance or participation in a
University-related activity for the person harassed; and/or
6.2 Is associated with an expressed or implied promise of employment-related or
academic-related consequences for the person harassed (including reward, reprisal or
conditions of study or employment); and/or
6.3 Provides a basis for academic or employment decisions affecting the person
harassed; and/or
6.4 Creates an abusive, demeaning, or threatening study, work or living environment
for the person harassed; and/or
6.5 Excludes the person harassed from rights and/or privileges to which they are
entitled.

7. Sexually harassing behaviour may be physical, verbal or psychological. It may be
conveyed directly or by telephone, writing or electronic means. Examples of
inappropriate sexual conduct include:

7.1 Unwelcome sexual solicitations, flirtations or advances; sexually suggestive
comments, gestures, threats or verbal abuse;
7.2 Sexual assault which includes unwarranted touching or physical contact of a
sexual nature, coerced consent to sexual contact;
7.3 Inappropriate display or transmission of sexually suggestive or explicit pictures,
posters, objects or graffiti;
7.4 Leering, compromising invitations, or demands for sexual favours;
7.5 Degrading, demeaning or insulting sexual comment or content, including
unwelcome remarks, taunting, jokes or innuendos about a person’s body, sexuality,
sexual orientation or sexual conduct;
7.6 Misuse of position or authority to secure sexual favours;
7.7 Persistent, unwanted attention or requests for sexual contact after a consensual
relationship has ended; or
7.8 A course of sexualized comment or conduct that interferes with the dignity or
privacy of an individual or group.

Required Disclosure of Certain Sexual Relationships

8. The University recognizes that, within its community, power differences exist
between and among faculty, staff, students and associated professionals. The University
strongly discourages sexual relationships between individuals in positions of authority
(such as faculty, instructional staff, managers or supervisors, and athletic staff), and the
students or employees whose performance they are responsible for grading, supervising
or evaluating. These relationships may lead to significant problems including allegations
or charges of sexual harassment, conflict of interest, or questions regarding the validity of
consent.

9. Accordingly, the University requires timely disclosure of such relationships by the
individual in the position of authority to his or her Dean (in the case of academic units) or
his or her Director (in the case of administrative or technical units).

10. No individual in a position of authority is permitted to grade or supervise the
performance of any student, or evaluate an employee or a colleague, with whom they are
sexually involved or have been within the past five years. Where an individual has been
involved in such a relationship, he or she must remove themselves from the grading or
supervising role and request the assistance of his or her Dean (in the case of academic
units) or his or her Director (in the case of administrative or technical units) to make
appropriate, alternative arrangements.

11. A person who considers that a grade, supervision or evaluation has been affected by the
existence of a current or former sexual relationship with an assessor may appeal in writing
to his or her Dean (in the case of academic units), his or her Director (in the case of
administrative or technical units) or his or her Vice-President. After inquiry, the Dean,
Director or Vice President may direct that the decision be set aside and order reassessment.

Implementation

12. The Office of Equity Services is responsible for the effective implementation of this
policy. It has the expertise to monitor and provide information, education, training and
advice on all aspects of this policy. This Office does not advocate for any individual or
group and maintains an impartial stance in addressing complaints of sexual conduct and
harassment. The expertise and experience of members of the Equity Services unit are
available to all persons who are involved with a complaint under the University’s Human
Rights Policies and Procedures.

Problem Solving

13. A person who believes they have been sexually harassed or sexually assaulted has a
number of options for handling the immediate situation. These include contacting University
Safety, Equity Services, Health and Counselling Services or laying a complaint with the
Ontario Human Rights Tribunal. In the case of a sexual assault, a person may also choose to
contact the police.

14. A person who believes they have been sexually harassed may initiate a request for action
or complaint through the Human Rights Conflict Resolution and Complaint Procedure.

Definitions

Sexual assault: any unwanted contact of a sexual nature imposed by one person upon
another.
Sexual Harassment: Any unwanted attention of a sexual nature – which can include
comment or conduct- that is known or ought reasonably to be known to be unwelcome.

PART V
HUMAN RIGHTS CONFLICT RESOLUTION AND COMPLAINT
PROCEDURES

Preamble

These Procedures support the University’s Statement on Conduct and Human Rights, its
specific human rights policies, and its commitment to provide an expeditious and
procedurally fair and just internal dispute resolution process for human rights problems
and complaints.

Principles

1. The University has a legal responsibility to take reasonable steps to prevent
discrimination and harassment and to provide procedures to resolve problems and handle
complaints.

1.1 Human rights policies and conflict resolution and complaint procedures are
remedial in nature.
1.2 The purpose of action where a complaint is upheld is to achieve compliance with
the University’s human rights policies in respect of the complaint and future practices
and to provide appropriate remedies for damage arising out of the infringement of the
complainant’s rights.
1.3 When the University becomes aware of the problem, particularly in the case of
harassment complaints, it is responsible to take whatever sanctions or steps are
necessary or reasonably available to prevent any further continuation or repetition of
the infringement of the right.

2. These procedures are to be interpreted, administered and applied in conformity with
the principles of procedural fairness and natural justice. In particular:

2.1 All parties are to be advised of the provisions of applicable policies and procedures
available to them.
2.2 Any person who wishes the University to assist him or her to resolve his or her
complaint through mediation or investigation must be prepared to be identified to the
respondent.
2.3 All allegations in a formal complaint pertaining to a respondent must be disclosed
as soon as practicable, including all relevant allegations of fact, so that the respondent
has the opportunity to respond fully to the complaint made against them.
2.4 All parties must be given the opportunity to present evidence in support of their
positions and to defend themselves against allegations of harassment and
discrimination.
2.5 Any party may object to the participation of a person in these procedures on the
grounds of conflict of interest or reasonable apprehension of bias. If the objection is
not resolved locally, it may be referred in writing to the University Secretary, whose
decision will be final.

3. All parties are entitled to support and assistance during these procedures. In particular:

3.1 The expertise and experience of members of the Equity Services unit are available
to all persons who are involved with a complaint under the University’s Human Rights
Policies and Procedures.
3.2 Members of unions have all the rights of representation that their collective
agreements confer.
3.3. Parties are not entitled to be present or have representatives present during the
investigation or interviews of witnesses other than their own interviews.
3.4 Parties may be accompanied at all times by legal counsel or a support person of
their choice or the University Ombudsperson or a union representative. It is the
responsibility of each party to ensure that his or her representative, if any, attends
scheduled meetings.
3.5 Complainants or respondents who retain legal counsel or incur costs related to
representation or support are responsible for their own costs.

4. Members of the University community are encouraged to participate in the Human
Rights Complaint Procedures to facilitate full inquiry and fair, appropriate and
expeditious resolution of problems and complaints. Refusal by a party to participate in
the investigation of a complaint may prejudice the investigation and expose the
University to liability. A party who refuses to participate in an investigation may forfeit
any possible University support in related external proceedings where, in the opinion of
the responsible University officer, there are no reasonable grounds for the refusal.

5. The University considers action to resolve human rights problems and complaints to be
a matter of administrative priority.

5.1 Standard time frames are included in these procedures. Variation from these time
frames must be agreed to by the parties and the responsible University officer. If a
dispute arises concerning variation, it shall be referred in writing to the University
Secretary, whose decision will be final. The University Secretary will normally render
his or her decision no later than 14 days after a matter has been appealed or referred
for decision.
5.2 Time is counted from the day after receipt and the latest time on a day for action
is 4.30 p.m. (e.g., if response is required “no later than seven days after receipt” and a
document is received on a Tuesday, response is due on or before 4.30 p.m. the
following Tuesday). Should the deadline fall on a statutory holiday, a Saturday or a
Sunday, it is moved to the first following business day. When a document is sent by
regular mail, receipt is deemed to have occurred after two days (within Ottawa-
Carleton) or three days (out of region).

Policy

Initial Contacts: Information and Advice

6. When a problem arises that may relate to a human rights issue, individuals are strongly
encouraged to seek information and advice from an Equity Advisor in the Office of
Equity Services, from the Dean or Vice-President responsible for their area (or their
designates), or from their Chair or Director.

7. When initially consulted, the role of the contact is to provide assistance in considering
the applicability of various human rights policies and options, to clarify allegations and
their related consequences, and to make referrals as appropriate to other services and
offices of the University. The contact person should also provide a copy of the relevant
human rights policy or policies and these procedures or a referral to them on the
University Web site.

Request for Action

8. Where an individual who is directly affected by the conduct or behaviour at issue
wishes to pursue resolution of the problem as a human rights matter, he or she must
contact an Equity Advisor or the Dean or Vice-President responsible for his or her area.
In the first instance, an effort will be made to reach an informal resolution. Mediation
will also be available with the consent of both parties. An individual may also make a
formal written complaint of discrimination and harassment if he or she wishes the matter
to be investigated and a formal decision made on the matter. Specific procedures for each
option are outlined below.

9. A request for action should be made no later than 12 months after the last alleged
incident of discrimination or harassment. Upon application in writing, the University
Secretary may, in exceptional circumstances, grant an extension of the 12-month deadline
for a request for action.

10. A request for action or complaint may be made in relation to activities or interaction
related to the functioning of the University (whether on or off campus, during or after
University hours) or that take place on the property of the University. Any member of the
University community, any person whose place of employment is at the University, or
any person who is visiting the University may make a request for action or a complaint
against any member of the University community or any person whose place of
employment is at the University. Where the respondent is not a student or employee of
the University, the matter may be referred for determination to the Vice-President
(Finance and Administration).

11. Before proceeding on an individual’s request for action by the University, the
responsible University officer or his or her delegate of equivalent authority will consider
(i) the timeliness of the complaint; (ii) the jurisdiction of the University; (iii) whether the
University human rights policies or procedures appear to apply to the situation; and (iv)
whether the complaint is frivolous or vexatious. Before finalizing a decision not to
proceed on any of these bases, he or she will confer with the Director of Equity Services.
A determination not to proceed is to be communicated in writing to the individual
concerned (and to the respondent if he or she has been informed of the request for action
or complaint) with referral as appropriate to other relevant University offices or services.
Such a determination may be appealed in writing within 30 days to the University
Secretary except in case of issues of academic freedom, in which case appeal is to the
Office of the Provost and Vice-President (Academic).

12. The responsible officer will also consider whether the request for action or complaint
arises from a systemic problem or is part of a pattern of incidents or conduct, and, if so,
will seek the assistance of the Director of Equity Services.

13. A frivolous request for action or complaint is one that is trivial and without serious
content. A vexatious request for action or complaint is one that is primarily intended to
vex, harass or harm the respondent rather than secure a remedy. A frivolous or vexatious
request for action or complaint does not refer to a complaint that primarily appears to be
made in good faith and in the belief of truth. When a request for action or complaint is
determined to be frivolous or vexatious, it is forwarded for consideration of discipline to
the appropriate University official and to the confidential files of Equity Services.

14. In the instance that the person requesting action only seeks redress from the
University, alleging that the University itself has failed to provide a safe, non-hostile
environment, the matter shall be referred to the President, who may direct an
investigation and order any relief that he or she deems fit, providing written reasons for
this decision to the complainant.

15. A person requesting action or making a formal complaint under these procedures may
withdraw his or her request at any time, subject to provisions related to subsequent
provisions related to remedies or discipline where a complaint is withdrawn. A request
for action that is not resolved by informal resolution or mediation and that does not
proceed to formal complaint is considered withdrawn at the end of 12 months’ inactivity.
The University may, in its discretion, decide to continue or initiate a complaint as
specified below.

Interim Measures

16. When a University official is made aware of a problem involving human rights issues,
he or she is required to assess the risk to the individuals and units involved. Where he or
she considers it warranted, he or she may order or recommend that the appropriate
University officer order immediate interim measures to protect the safety, academic or
employment interests of the complainant or respondent pending resolution of the matter.
Where there is an allegation of a serious criminal offence, the matter will be brought to
the attention of University Safety for referral to the police. After consultations with the
police, the responsible officer will make a decision concerning internal procedures.

17. Interim measures are not to be viewed as judgement of the credibility of the
complainant or respondent or disposition of the complaint. They may be appealed by
either the complainant or the respondent to the President, whose decision on the propriety
of the interim measures will be final, or they may be grieved pursuant to the provisions of
the applicable collective agreements.

Informal Resolution

18. Informal resolution is a resolution to which the person who is directly affected by the
incident or conduct in issue consents and is arrived at with the assistance of an Equity
Advisor.

19. The possible means of achieving informal resolution are numerous. Some examples
include: advice to the person; referral to support services; informal inquiry by the Equity
Advisor and, with the consent of the person, discussion of the matter with the individual
whose conduct is in issue in order to seek a mutually acceptable resolution (the identity
of the person affected would not necessarily be identified to the individual whose conduct
is in issue at this stage); a letter to the individual whose conduct is in issue by the person
affected; or a direct meeting between the person affected and the person whose conduct is
in issue.

20. Informal resolution can occur without the knowledge of anyone except the individual
requesting action and the Equity Advisor. However, no informal resolution of a problem
that may adversely affect the academic, employment, professional, or other interests of
the respondent, or which has the potential to identify them, shall proceed without the
knowledge of the respondent.

21. If an informal resolution is possible, the Equity Advisor will prepare a confidential
written report of the matter and the outcome and forward it to the Director of Equity
Services, to be kept in the confidential files of Equity Services. This report does not
constitute a finding on the facts or merits of the complaint nor is it a judgement on the
conduct in question or the credibility of the individuals involved.

Mediation

22. At any time after a request for action has been made, the parties may attempt to
resolve the problem through a process of mediation with the consent of both parties.
Before making a decision about mediation, the parties are strongly encouraged to consult
individually with staff at Equity Services with respect to the process of mediation,
assessment of the appropriateness of proceeding to mediation, what mediation can offer,
and the consequences of moving beyond mediation.

23. Requests for mediation made in the context of a human rights issue shall be directed
to Equity Services. If the parties wish to access a mediation service off campus they do so
at their own expense and the terms of any agreement remain subject to the provisions of
this policy. A mediation process should be completed no later than 21 business days after
its commencement.

24. Where agreement to resolve the matter is reached in mediation, the terms of the
agreement are written out, signed by the complainant and respondent, and countersigned
by the mediator(s). If a potential settlement entails action to be taken by the University or
affects its interests, the University becomes a third party to the mediation. In this case, the
University Secretary must also agree to and sign the terms of the settlement in order for
there to be a settlement.

25. A copy of any agreement reached during mediation is provided to the signatories and
is also forwarded to the Director of Equity Services, to be retained in the confidential
files of Equity Services.

26. No information generated in a mediation process is admissible in
any subsequent University proceedings unless authorized by the complainant
and respondent. Similarly inadmissible is any disclosure in such proceedings of what
took place during a mediation, the terms of a mediation agreement, or the fact of whether
a person agreed or refused to participate in a mediation, unless authorized by the
complainant and respondent. The mediator is expected to destroy records and notes
within his or her control relating to what took place during mediation.

Formal Complaint

27. At any time after a request for action has been made and informal resolution
attempted with the assistance of an Equity Advisor, a formal written complaint may be
made to the appropriate designated University official, who becomes the complaint
manager (a current list of designated officials is appended to these policies for
information).

28. A formal written complaint must disclose the identity of the person making the
complaint (the complainant) and the person whose conduct or action is complained about
(the respondent). It must provide a full and detailed account of the conduct, action or
incident that forms the factual basis of the complaint, identify the policy or policies relied
upon, and include a statement about desired resolution. Additional allegations not
contained in the original formal complaint may only be made in writing; the respondent
must be informed of them and be given an opportunity to respond to them.

29. No later than seven days after receipt of a formal complaint, the complaint manager
will notify the respondent in writing of the complaint and provide him or her with a
summary of all allegations made, the identity of the complainant, and a copy of the
relevant policy or policies. The respondent has a right (but is not obliged) to respond in
writing to the complaint and should do so no later than 14 days after being notified. The
respondent may acknowledge or deny the validity of the allegations in whole or in part,
provide new information, or propose a resolution of the complaint.

30. No later than seven days after receipt of a written response by the respondent, the
complaint manager will forward a written summary of it to the complainant. The
complainant has a right (but is not obliged) to respond and should do so in writing no
later than seven days after receiving the summary. He or she may accept the response as
a full resolution to the complaint, request additional efforts at informal resolution or
mediation with the assistance of an Equity Advisor, or affirm all or some of the
allegations made in the complaint. No later than seven days after receiving a
complainant’s response, the complaint manager will inform the respondent of any
allegations withdrawn by the complainant and provide a written summary of the
complainant’s response.

31. No later than seven days after this exchange of documentation is completed, or, in the
absence of responses or resolution within the time frames provided, the complaint
manager will assess the file, make a determination as to whether the complaint should be
investigated, and communicate this decision, in writing, to the parties.

32. If a decision is made not to investigate a complaint, the complaint is considered
dismissed and the file closed. This decision can be appealed in writing to the President,
whose decision will be final.

Investigation of a Formal Complaint

33. When a decision is made to investigate a formal complaint, the complaint manager
will ask the University Secretary and General Counsel to appoint an investigator. An
investigator will normally have experience in administrative and human rights law. It is
expected that investigators will have appropriate training and experience to conduct an
investigation. An investigator may be assisted, as appropriate, by associates who are
similarly bound by the terms of these procedures. To the extent provided by law, an
investigator’s notes are privileged and cannot be compelled in any other proceeding.
Investigators are expected to maintain strict professional confidentiality before, during
and after their investigation and report.

34. An internal investigation may be conducted in the following circumstances:

34.1 Where the facts at issue are simple and straightforward or where the alleged
offence, if proven, would warrant only relatively minor remedial action, the
investigation may be conducted by the complaint manager (or designate).
34.2 Where the complaint has also been submitted to the Ontario Human Rights
Commission, the investigation will be conducted by the person responsible for
preparing the University’s responses to that complaint (or designate).
34.3 Where an employee of the University is to conduct an internal investigation, he
or she will consult with the University Secretary and General Counsel with respect to
the procedures to be followed.

35. Either party to a complaint may object to the University Secretary and General
Counsel about the choice of investigator on the grounds of conflict of interest or
reasonable apprehension of bias. The University Secretary and General Counsel’s
decision on such an objection will be final.

36. The complaint manager provides the investigator with terms of reference for the
investigation, including time frames and copies of the complaint file (including the
formal complaint, responses and summaries exchanged), the applicable human rights
policy or policies, these procedures, and a copy of the Guidelines for Investigation (a
copy of the current guidelines is appended to these policies for information). Normally,
an investigation will be initiated no later than 14 days after the appointment of an
investigator.

37. At any time, the investigator may recommend to the complaint manager that the
investigation be amended, adjourned, or terminated. If either the complainant or
respondent refuses to co-operate with the investigator, the investigator should so advise
the complaint manager and may continue the investigation or recommend that the
investigation be terminated. The complaint manager may invite submissions from the
parties on any such recommendations and will decide how to proceed. His or her
decision will be final.

38. No later than 30 days after the commencement of the investigation, the investigator
should prepare a draft report (that does not identify witnesses) and advise the complaint
manager that is has been prepared. The investigator should then send the draft report to
the complainant first. The complainant has a right (but is not obliged) to respond and
should do so no later than seven days after receiving it. Together with the comments of
the complainant (if any), the draft report is then sent to the respondent. The respondent
has a right (but is not obliged) to respond to this documentation and should do so no later
than 14 days after receiving it. Prior to concluding this draft report stage, the investigator
should send a copy of the respondent’s comments (if any) to the complainant, who may
respond to them no later than seven days after receiving them.

39. The investigator should submit a final written report to the complaint manager no
later than 14 days after receiving responses (if any) to the draft report. The final report
will include an opinion on the facts as found in the investigation, disputed and
undisputed, taking into account any responses to the draft report, and concluding based
on a neutral assessment of the evidence whether, if those facts are proven, there has been
a violation of the applicable University policy or policies. The investigator will not make
any recommendations as to remedy or discipline. The final report is prepared on a
confidential basis for the complaint manager and the University.

Decision on a Formal Complaint

40. No later than 14 days after receiving the investigator’s final report, the complaint
manager will forward a written summary of it to the parties, together with an invitation to
meet with each of the parties separately to discuss the content of the report.

41. At his or her discretion, but particularly if new and relevant information arises that
has not been investigated, the complaint manager may request one or more
supplementary reports from the investigator. Summaries of such reports are to be
forwarded by the complainant manager to the parties, who may submit written responses
to them within timelines specified by the complaint manager.

42. No later than 14 days after concluding the process of investigation and discussion
with the parties, the complaint manager may request a record of any previous discipline
related to human rights violations and will make a determination upon the following:

42.1 Whether a University human rights policy applies in the circumstances and
whether other University policies or procedures bear on the substance of the
complaint;
42.2 Whether, using the civil standard of proof on the balance of probabilities, with
the burden of proof being on the complainant, there has been a violation of University
policy;
42.3 Whether, if a human rights policy has not been violated, the conduct that forms
the basis of the complaint amounts to misconduct by the respondent; and
42.4 Whether discipline or remedies, as outlined below and consistent with any
applicable collective agreements, are appropriate. Where suspension, dismissal or
expulsion are to be considered, the complaint manager must determine that there is
clear and convincing evidence of misconduct by the respondent.

43. Prior to making final recommendations as to disposition of the complaint, the
complaint manager will provide the complainant and respondent with an opportunity
(within specified time lines) to make submissions concerning the appropriate discipline
or remedy and to reply to the other party’s submission.

44. The complaint manager’s decision on disposition of the formal complaint is
communicated in writing to the parties and forwarded to the appropriate University
office(s) responsible for implementation.

45. When the matter is closed, the complaint file (including the investigation file and
record of disposition of the complaint) is forwarded to the Director of Equity Services, to
be retained in the confidential files in the Office of Equity Services. If discipline is
imposed, a record will be placed in the personnel or student file, consistent with
University policy.

Remedies or Discipline Where a Complaint is Upheld

46. Where a complaint has been upheld, the complainant may request that appropriate
remedial measures be taken to correct damage done to his or her career development,
academic progress, physical or emotional health, reputation or finances. The range of
remedies may include but is not limited to: recommending an apology, reasonable
restitution for substantiated professional, financial or academic costs, reinstatement, or
safety measures. Such arrangements are negotiated with the University Secretary and
approved by the President. Academic remedies must follow normal academic appeal
processes.

47. Subject to the provisions of applicable collective agreements and University
Personnel Policy, sanctions that may be considered where a complaint is upheld include a
letter of reprimand, modification of responsibilities, suspension with or without pay,
expulsion or dismissal. The University may also order that one party cease to have any
contact with the other party, restrict access to University facilities and/or schedule the
respondent to participate in discrimination or harassment awareness training.

48. Recommendations for discipline are to follow the concept of progressively severe
discipline and should take all circumstances into consideration, including the following:

48.1 The severity of the violation;
48.2 Whether the violation was intentional or unintentional;
48.3 Mitigating or aggravating circumstances affecting either party;
48.4 Whether there was an imbalance of power between the two parties;
48.5 The respondent’s record at the University; and
48.6 Sanctions applied in similar cases.

49. If a recommendation for discipline or remedy is considered appropriate, the complaint
manager is responsible to ensure:

49.1 In the case of unionized employees, that discipline and remedies are consistent
with the provisions of the appropriate collective agreement;
49.2 In the case of non-unionized staff, that discipline and remedies are consistent
with the provisions of University Personnel Policy, Section D;
49.3 In the case of a student respondent, in lieu of alternative discipline or remedies
accepted in writing by the student in resolution of the matter, that it is referred to the
President who will review all the information and findings and decide whether or not
the University shall conduct a hearing into the allegation before a University tribunal
conducted pursuant to the Bylaws of the Board of Governors of Carleton University,
No. 27 and 29(b).

50. Where disciplinary or other action is taken against a student or employee, the
University may communicate that fact to the complainant and others in accordance with
the University’s Access to Information Policy.

51. Where the actions of persons who are not students or employees of the University are
determined to be discriminatory or harassing, the Vice-President (Finance and
Administration) may, at his or her sole discretion, issue an instruction that these
individuals be prohibited from coming onto the property of the University for such period
of time as he or she shall set.

Remedies and Discipline Where a Complaint is Dismissed or Withdrawn
52. In the event that a complaint is dismissed, the complaint manager may recommend
support counselling, education, and such other measures as he or she considers
appropriate for the complainant/and or the respondent. The complaint manager may also
recommend appropriate measures to restore the complainant’s or respondent’s unit to
effective functioning. Such recommendations are made in writing with reason to the
parties. If the responsible officer contemplates finding that the request for action or
complaint was made frivolously or vexatiously, he or she will meet with the complainant
and provide an opportunity for the complainant to respond prior to making a decision.

53. Where a request for action or complaint is withdrawn, the responsible University
office handling the matter at the time may recommend support counselling, education,
and such other measures as he or she considers appropriate for the parties or to restore the
effective functioning of his or her units. Such recommendations are made in writing and
include reasons. If the responsible officer contemplates finding that the request for action
or complaint was made frivolously or vexatiously, he or she will meet with the
complainant and provide an opportunity for the complainant to respond prior to making a
decision.

54. Where the responsible officer decides that a request for action or complaint has been
made frivolously or vexatiously, he or she may recommend both a form of discipline for
the complainant and a remedy for the respondent. Such recommendations are made in
writing, with reasons, to the parties.

55. In cases where the complaint has been dismissed or withdrawn, the respondent may
request that appropriate remedial measures be taken to correct damage done to his or her
career development, academic progress, physical or emotional health, reputation or
finances. The range of remedies may include but is not limited to: recommendation of an
apology, reasonable restitution for substantiated professional, financial or academic costs,
reinstatement, or safety measures. Such arrangements are negotiated with the University
Secretary and General Counsel and approved by the President. Academic remedies must
follow normal academic appeal processes.

56. In cases where it is determined that there has been no violation of University human
rights policy, the University, if requested by the respondent, will issue a statement that
there has been no violation of human rights policy by the respondent.

General Provisions

University Initiation or Continuation of Action or Complaint

57. The University, through the responsible Dean, the University Librarian or a Vice-
President, may initiate these procedures or continue them even if the request for action or
complaint has been withdrawn or the parties have reached a resolution through informal
processes or mediation. This decision is taken in consultation with the Director of Equity
Services and University Secretary and General Counsel.

58. The University will normally initiate or continue action or a complaint only where the
alleged discrimination or harassment may have had a serious impact on the parties, where
the case is important to the goals of the University, where the respondent has previously
been the subject of substantiated complaint(s) of discrimination or harassment, or where
concerns about a pattern of conduct exist as established from University records.
59. Where the University initiates or continues these procedures, the responsible Dean,
University Librarian or Vice-President becomes the notional complainant and any rights
or responsibilities assigned to him or her by these procedures are assumed by the
individual to whom they report.

Confidentiality, Records and Use of Information

60. Allegations of discrimination and harassment, particularly sexual harassment, often
involve the collection, use and disclosure of sensitive personal information.
Confidentiality is required so that those who have been discriminated against or harassed
will feel able come forward. Confidentiality is also required to protect the reputations and
interests of respondents and of the units of which they are part. Accordingly, all members
of the University community who are involved in a human rights complaint procedure are
expected to maintain confidentiality, particularly within the work, study or living area in
question and in shared professional and social circles. Any person breaching
confidentiality may be subject to disciplinary or other appropriate action.

61. Subject to any exceptions provided in these Procedures and to the extent required by
law, all written and oral information that is created, gathered, received or compiled
through the course of a request for action or complaint is to be treated as confidential by
both the respondent and complainant, their representatives, witnesses, and University
officials. It may be used only for the purpose of resolving the issues raised by the request
or complaint and only by those persons who are necessarily involved in the resolution of
those issues.

62. Information concerning a complaint may be provided to appropriate University
officials on a need-to-know basis. This may include situations where there are security or
safety issues or cases involving repeat complaints or a pattern of related behaviour. Any
person so informed shall be informed of the disposition of the complaint and is bound by
confidentiality requirements.

63. Either party may discuss his or her case in confidence with his or her supervisor, legal
counsel, support person, and/or union representative. Equity Advisors may discuss
specific cases and their dispositions for educational purposes provided that no identifying
information is disclosed.

64. All recorded personal information will be treated as “supplied in confidence” with
respect to Access to Information policies. Where there are proceedings external to the
University, such as civil or criminal proceedings, documents including notes and records
may be compellable and may be required by law to be released.

65. Terms of confidentiality, including the need to disclose information that restores a
unit to effective functioning, may be agreed upon in informal or mediation agreements or
be part of a remedy ordered by the complaint manager.
66. The office of record for all documentation under the Human Rights Policies and
Procedures is the Office of Equity Services.

Multiple Proceedings

67. Only one internal procedure can be conducted at a time in respect to the substance of
a complaint.

68. A complainant may pursue procedures external to the University at the same time as
pursuing these procedures. However, these procedures may need to be suspended while a
process external to the University is completed. If so, the parties will be so advised by the
University Secretary and General Counsel.

69. Where there are multiple complaints against an individual, group, unit or the
University, the complainants shall clarify with the responsible officer or complaint
manager whether the complaints comprise a systemic complaint or a series of individual
complaints.

70. When two or more complaints have been lodged against the same respondent arising
out of essentially the same conduct or incident, these complaints can be handled at the
same time and by the same mediator and/or investigator unless the responsible officer
concludes that prejudice might thereby result to the complainants or respondent.

Obstruction and Retaliation

71. The University considers retaliation or threat of retaliation to be a serious offence
because it prevents potential complainants, witnesses and administrators from acting on
their concerns.

72. Threats or other safety concerns should be reported immediately to an Equity
Advisor, a member of University Safety, or the complaint manager who is expected to
deal immediately with such allegations. When appropriate, an order may be made for the
behaviour to stop and/or preventive interim, disciplinary, and/or remedial measures may
be taken.

73. Any person whose action or inaction obstructs the application of these procedures or
who breaks an undertaking of agreement will be subject to discipline. No one shall suffer
reprisal for bringing forward, in good faith, a complaint or concern about discrimination
or harassment or for refusing to violate University human rights policies and procedures.
Any person who engages in retaliation or threat of retaliation shall be subject to
discipline.

74. While respondents may exercise their legal rights to seek remedy for unjustified
complaint in the civil courts, they are encouraged as members of the University
community to first use these procedures to foster the likelihood of expeditious resolution
and remedy.

Options Outside the University

75. The rights of civil or criminal action, human rights complaint, grievance and rights of
appeal held by members of the University community independent of these human rights
policies and procedures remain in full force and effect.

76. Where a remedy is accepted in resolution of a complaint, through informal means,
mediation or following a formal investigation, the party accepting the remedy signs a
release to the University and waives other remedies.

77. Where an employee is the respondent of a complaint to an external agency (such as
the Ontario Human Rights Tribunal) as the result of the lawful performance of his or her
duties, the University will pay for and conduct the defence on behalf of the employee.
Information on University process in the case of external complaints is attached to these
policies for information.PART VISystemic Issues

SYSTEMIC HUMAN RIGHTS ISSUES POLICY

Preamble

This Policy supports Carleton University’s commitment to sections 15 and 28 of the
Canadian Charter of Rights and Freedoms, sections 1, 5 and 11 of the Ontario Human
Rights Code, and the University’s Statement on Conduct and Human Rights.

Principles

1. The University recognizes that systemic discrimination and a “chilly climate” may
subsist in aspects of the University’s culture, habits, decisions, practices and policies that
are part of its employment or institutional systems.

2. The University accepts that it has an obligation to provide an environment that
encompasses diversity, secures inclusivity, and guarantees safety and security in order to
sustain high morale and loyalty, maximize productivity for work and study, and promote
academic excellence and collegial relationships. Factors that prevent or inhibit such an
environment, arising from systemic discrimination or harassment, are detrimental to the
entire well-being of the institution and its members.

3. Systemic discrimination is understood to arise from a combination or interaction of
aspects of the University’s culture, habits, decisions, practices and policies rather than
due to isolated or discrete instances of discrimination, harassment or misconduct. A
systemic problem is seen to exist if a barrier or obstacle to participation in the University
affects members of the University community in a disproportionately negative way that is
not clearly related to employment or program requirements, or if an individual’s or a
group’s rights to generally available opportunities are limited because of attributed rather
than actual characteristics.

Policy

4. Every member of the Carleton University community has the right to study, work and live
in an environment free of systemic discrimination or harassment on the basis of race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, political affiliation or
belief, sex, sexual orientation, gender identity, age, marital status, family status or
disability as defined in the Ontario Human Rights Code.

Implementation

5. Responsibility for implementation of this policy is vested in the President. As
necessary, he or she may appoint a Systemic Human Rights Issues Committee composed
of faculty members, administrative staff and students, and a Chair. The Chair and
members of the Committee shall be chosen for their human rights expertise and their
knowledge of the University’s systems of administration and academic governance.

Problem Solving

6. The Committee is convened on an as-needed basis, as determined by the President to:

6.1 Inquire into systemic, or group-based, human rights issues;
6.2 Provide policy advice to the President on issues related to discrimination and
harassment, including systemic discrimination and the implementation and operation
of University human rights policies

7. In conducting its work, the Committee may:

7.1 Consult with members of the Carleton community affected by the issue, and with
persons or bodies that are in a position to assist with resolution of the issues;
7.2 Gather information regarding the issue from University and external sources, as
appropriate;
7.3 Make recommendations to the President for resolving the issue, including where
appropriate recommendations regarding the involvement of, or referral of the issue to,
other persons or bodies whose action, cooperation or approval maybe useful or
necessary for resolution to be achieved, including initiation of the Human Rights
Conflict Resolution and Complaint Process; and/or
7.4 Determine that no action on the part of the University is warranted.

8. The Committee reports to the President.

PART VIIReviewMONITORING, EVALUATION AND AUDIT PROCEDURES

As per Carleton University’s Policy Procedure automatic review of policy every 5 years.

APPENDICES

APPENDIX1: Designated Complaint Managers with Respect to
Formal Complaints of Harassment or Discrimination

Designated Complaint Managers
1. The Dean of the Faculty (or designated Associate Dean) of the program in which a
student respondent has been admitted or in which an academic unit is located in the case
of an employee respondent assigned to an academic unit.

2. The Assistant Vice President (University Services) in the case of a student respondent
in residence where the circumstances pertain to residence life.

3. The University Librarian in the case of an employee assigned to work in the Library.

4. The Vice-President responsible for the administrative unit in the case of an employee
respondent assigned to an administrative unit.

5. The Vice-President (Finance and Administration) in the case of an employee
respondent assigned to work in the Office of the President, save and except for the
President.

6. The Office of the Provost and Vice-President (Academic) in the case of an employee
respondent holding the office of Dean, or University Librarian.

7. The President, in the case of an employee respondent holding the office of Vice-
President.

8. The Chair of the Board of Governors, in the case of the President as respondent.

9. The head of the academic or administrative unit in which the complainant is located, as
specified above, in cases where the identity of the person or persons responsible for the
alleged acts of harassment or discrimination is unknown.

Conflict of Interest
1. The independence of an investigation is of paramount importance. Potential
investigators are held to a strict standard of disclosure of conflict of interest. They are
expected to disqualify themselves from an investigation in any circumstance giving rise
to a potential conflict of interest. This includes personal acquaintance with either party or
potential key witnesses, previous consultation or consideration with respect to the
substance of the complaint and response, or recent or current association with the unit of
either the complainant or respondent.

Terms of Reference for an Investigation

2. The designated University official handling the investigation will provide written terms
of reference to the investigator which will address the following matters:

2.1 The purpose of the investigation. Normally the purpose of an investigation should
be to determine what evidence would be available to the University to support the
University’s action in response to a complaint. The investigator’s report is a factfinding
report without recommendation as to remedy or discipline.
2.2 The scope of the investigation. If the University wishes to limit the scope of the
investigation in the interests (e.g., of timeliness or in light of the seriousness of the
allegations) this fact should be specified in the terms of reference and reported in the
interim and final report.
2.3 The allegations to be investigated. The complaint manager in consultation with the
University Secretary may, after assessing the allegations, conclude that some of them,
even if proven would not warrant any action by the University, and therefore need not
be investigated.
2.4 Disclosure of the allegations to the respondent. All allegations pertaining to a
respondent must be disclosed, whether they are to be investigated or not. They should
be disclosed as soon as practicable and must include all relevant allegations of fact so
that a respondent has an opportunity to respond fully to the complaint against him or
her.
2.5 Time limits see PART V paragraphs 36 to 39.
2.6 The nature of the evidence to be gathered and assessed. Evidence may include
written statements, documentary evidence, reports of oral statements, interviews.
2.7 Expectations with respect to ongoing communications with the complainant and
respondent. In the case of a lengthy investigation, the complainant, respondent and
complaint manager should be kept apprised by the investigator of the progress of the
investigation.
2.8 Reporting lines, including the contact person for clarification of the terms of
reference, expense and timeliness issues and other instructions.

Interviews and Witnesses
3. All interviews are to be conducted in private and away from the work, study or living
area as appropriate to the complaint.

4. In the interests of timeliness it may not be possible to interview all persons who may
have information relevant to the complaint or other circumstances may prevent
interviews. Such limitations and their impacts should be reported in the investigator’s
interim and final reports.

5. Normally an investigator should be able to talk to potential witnesses to determine
whether they have anything relevant to offer, and whether they would be available as
witnesses. The investigator may also talk to people who provide leads for further
investigation without providing relevant information themselves. It is not necessary to
report all such communications in the interim or final report of the investigation.
The Report of the Investigation

6. The investigator is required to prepare a draft written report (which does not identify
witnesses) and to send it to each party for response as specified in the Procedures.

7. The investigator will prepare also a final written report which should include all
relevant information gained from interviews, documentation and other sources that
supports or does not support the allegations. The investigator may include reports of oral
statements, hearsay etc., so long as the nature of the statements is identified. The final
report should normally include signed witness statements. The investigator may also
include his or her assessments, with reasons, of the credibility of the evidence.

8. The final report is conclusive of the investigation. The notes of the investigation
are not compellable in any internal proceedings.